Reasons why the Pennsylvania Liquor Control Board should be abolished, and The Almighty Liquor Code completely overhauled and rewritten, to reflect over 80 years of change since Repeal.

Friday, November 4, 2011

The Case Law is Stupid, and the Pennsylvania Legislature is Too Scared to Admit It

The Case Law is Stupid. Do I really need to tell you why? Okay, here: have a look. But that's okay, because...

The Case Law is Easy to Get Rid Of. Truly. Just strike the first sentence of Section 441, Paragraph b; and strike the entirety of Paragraph f (which is a complete abomination, and never should have been added). Next, you also drop the parts that say a tavern can only sell 198 oz. of beer or less at a time, and you're Done. It's not that hard to figure it out; all it takes is balls. Because the Pennsylvania Tavern Association is about the only group opposed to changing the case law; they say it would devalue their businesses (because they can sell sixpacks). Their lobbying group has been extremely successful at stopping what polls have shown over 80% of Pennsylvania voting citizens are in favor of: dumping the case law. Which proves that...

The Pennsylvania Legislature is too scared to change the stupid Case Law. Ask any legislator why we have the case law. They won't know. Ask them why they can't change it. They won't answer you.

Every time a legislator tries to change the case law -- and the first time I remember this happening was back in 1992! -- there's a lot of talk, a lot of excitement, and then two things happen. First, there's a ridiculously unnecessary "compromise," like saying distributors can sell six-packs, but not singles, or -- really useless -- they can sell 12-packs. Why?! There is no need for any restriction! But that doesn't really matter, because the second thing that happens is that the bill never, ever makes it out of committee. It dies. And we're still screwed.

Well, look. They're talking about privatization of the moldy old State Store System. One of the things that is completely wrong with the current proposal, that is a dealbreaker on Mike Turzai's HB11 bill, is that it ignores beer. Why? The division of beer from wine and spirits was never a natural thing to begin with. Look at other states: they have booze stores where you can buy all three of your faves (and cider, too). Beer is a missing piece of the puzzle.

Beat up your legislator on this. Tell them you want normal, rational, adult alcohol laws in the Commonwealth. Get the government out of the booze business, and kill the stupid Case Law by putting booze in stores with wine and liquor...where it belongs. Make it easy for beer distributors to get licenses to sell wine and liquor, hell, convert their licenses to 'all-alcohol' retail licenses. They've earned it.

Then tell your legislator that if they don't kill the case law, they're too cowardly to get your vote next November. This is our year. This is the year it happens. KILL THE STUPID CASE LAW!

The case law is my biggest pet peeve because I'm a big beer drinker. It is fairly cost prohibitive to try new beers as well because the "taverns" hold a monopoly on single sales and drive the prices way up, plus I'm not buying a case of something just to try it then not like it. In MD there are stores where you can walk in, open a case and pull a single out and buy it. It's rediculous and it needs to go.

I assume beer wholesalers are doing well in PA, after reading this crap:"Pa. Beer Alliance works toward ease and consumer safety"http://www.pennlive.com/editorials/index.ssf/2011/11/pa_beer_alliance_works_toward.html

Remember several years ago when sales were down, and the "Alliance" (then known as the Pennsylvania Beer Wholesalers Association, but is really more like the Empire) was involved with Modernize Our Beer Laws? Their president was saying things about PA beer regulations being anti-consumer: "We have a law that says when you go to a beer distributor you have to buy 18 pounds of beer".

So, I conclude sales must be pretty good, as this current position of the Alliance keeps us in the 1930s. Same as it ever was.

I recently sent a letter to Sen. John Rafferty asking for an update on his beer reform bill of early 2010. He responded (via snail mail, no less) "My beer sales bill is in the Senate Law and Justice Committee. It has not moved, but if Representative Turzai's liquor sales bill passes, I would amend my legislation into same. All polls show that the public wants an easier, customer friendly way to select and purchase beer. Thank you."

I really do appreciate Senator Rafferty's response. I have yet to receive a single response from any other state legislator to whom I've written on this matter.

in washington the stores who bought th vote, plan on putting 20 to 30 codes of items in the stores. talking with a vendor who sells in washington. if that is the progress you are talking about you need to get help. or report things from two sides of a store.

20 to 30 codes? Who do you expect to believe that outrageous lie? Do you listen to everything people tell you? I doubt you'll find many takers here.

BTW, as the posting process says, the forum's moderated. So next time, just post once, not four times with the same thing. Use the time you saved to edit your post. Not to mention posting your comment to the right article: the Washington privatization post is downstream from here. Good luck with that.

When I lived in North Carolina a grass roots group called "pop the cap" was instrumental in the state changing its beer laws to allow beer over 6% ABV. One thing they did that was great is they had a template/form letter you could copy,paste, and email to the house and senate members. It was very effective and got many people to respond that normally would not have because it made it much easier for them to do so. They had email addresses of all politicians on the site as well. Worked great.

Four new bills from the House to tear down the PLCB's Wall. What will happen to them?

Needed: passion for privatization

"...there was [in 1997] no overarching passion within the General Assembly, or in the public at large, for privatization. Unless and until there is a general hue and cry, it is very unlikely there will be a privatization initiative that succeeds." -- John E. Jones III, former PLCB chairman

If you've got your own reasons...

Send them to me. I'd love to hear from you, and take those ideas and blend them with mine. And if you're in favor of the continuing existence of the PLCB, well, send me that, too. If it makes sense, I'll publish; if it doesn't, I'll publish it also, but I may have to disagree with you.

Privatization's in play: what are your biggest concerns?

If the Legislature ignores the will of the citizens and goes the "modernization" route...what would you most like to see change with the State Stores?

Why do you buy booze in other states?

What I like most about the PLCB is:

The first thing I'd change in the Pennsylvania Liquor Code is:

When I buy wine at a Pennsylvania State Store:

When booze sales are privatized in PA, State Store clerks can be:

The wine and spirits selection at the State Stores is actually better than at the average "liquor store" in other states. This makes me feel like:

What factor is most likely to block any meaningful reform of Pennsylvania's Liquor Code?

If the legislature suddenly did away with the case law tomorrow, and any distributor, bar, or tavern could sell any amount of beer they wanted to, the most likely unintended consequence would be:

Polls show that over 80% of Pennsylvanians are opposed to the case law -- even MADD doesn't support it -- yet a six-pack sales bill still languishes in the Legislature after over a year. Why do your elected representatives continue to thwart your wishes?

What do you think of the proposed new name for the State Stores: Table Leaf?

Which PLCB gaffe really pissed you off over the past two years?

Blame the PLCB, the Legislature, or Rendell: things seem to disappear around the PLCB. Which one of these do you miss the most?

I buy beer at Pennsylvania supermarkets because:

The new wine kiosks are

The most important reason for liquor store privatization in PA is:

Why won't you write to your state reps to tell them you're in favor of privatizing the State Stores?

What aspect of the PLCB's "Anything But Privatization!" program sounds most ridiculous?

PJ Stapleton and Joe Da CEO have presided over an incredible festival of FAIL. As PA taxpayers, we are the 'shareholders' of this 'business.' How do you vote?

HB11, the current proposal for privatization, has serious flaws. How do we proceed?

Are you going to stop buying your booze in the State Stores and take privatization into your own hands?

Governor Corbett's supposed to be working on a new privatization bill. What is the most important piece of that bill for you?

Why do you think the PLCB created their house "Table Leaf" wine brand?

Will Joe Conti still be PLCB CEO by next spring?

The Pennsylvania State Stores should be replaced by:

What is your opinion on Governor Corbett's privatization plan?

If you could hit the re-set button and set up booze sales any way you like in the Commonwealth...what would you do?

How about we talk about that Police-Enforced Monopoly. Got an opinion?

When the Senate finally moves on privatization, they'll most likely

To get any privatization, we need to get a bill through the Senate, agreed to by the House, and signed by Corbett by 6/30. What's most likely?

Politics and general dysfunctionality of the Legislature has delayed a vote on privatization. Will anything happen in the brief Fall Session?

New Democratic Governor, Republican Legislature...what's that mean for liquor privatization?

The House & Senate are moving to normalization. What might Gov. Wolf NOT veto?

After The Veto...are things over?

What should the GOP majority offer Gov. Wolf in exchange for liquor normalization?